FIR can't be quashed while charge sheet was filed: HC in Baba case

CHENNAI: The State Police informed the Madras High Court that when it filed a charge sheet before the trial judge, the court should not have opted to quash the FIR filed against self-styled godman Shiva Shankar Baba aka N Shivashankaran for sexually harassing a single mother whose son was studied at his residential school.

The CB-CID wing of the State police made this submission before Justice RN Manjula when the judge was hearing the plea of the police department to modify the order of the judge quashing the FIR against the godman.

In an affidavit filed by K Ramya, Inspector of Police, it was said that after investigation, the charge sheet was filed on August 8, 2022, before the Additional Mahila Court, Chengalpet, and the cognizance was taken for the same on August 18.

“Though this development was placed before the court during the course of arguments in September, the High Court quashed the FIR,” State Public Prosecutor Hassan Mohammed Jinnah submitted.

The CB-CID police further submitted that the court may consider this procedural progress which eventually candid that quashing of FIR has become infructuous.

Recording the submissions, the judge directed Shiva Shankar Baba’s advocate to file a response in connection with the submissions of the CB-CID.

It is noted recently Justice Manjula quashed the FIR filed against Shiva Shankar on the grounds that the petitioner filed a complaint only in 2021 while the incident occurred in 2010. The matter has been posted to November 15.